PRESIDENTIAL DECREE NO. 1586
[ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES]
WHEREAS, the pursuit of a comprehensive and integrated environmental protection program
necessitates the establishment and institutionalization of a system whereby the
exigencies of socio-economic undertakings can be reconciled with the requirements of
environmental quality;
WHEREAS, the regulatory requirements of Environmental Impact Statements and Assessments
instituted in pursuit of this national environmental protection program have to be worked
into their full regulatory and procedural details in a manner consistent with the goals
of the program.
NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the
powers vested in me by the Constitution do hereby order and declare:
Section 1
Policy
It is hereby declared the policy of the State to attain and maintain a rational and
orderly balance between socio-economic growth and environmental protection.
Section 2
Environmental Impact Statement System
There is hereby established an Environmental Impact Statement System founded and based on
the environmental impact statement required, under Section 4 of Presidential Decree No.
1151, of all agencies and instrumentalities of the national government, including
government-owned or controlled corporations, as well as private corporations, firms and
entities, for every proposed project and undertaking which significantly affect the
quality of the environment.
Section 3
Determination of Lead Agency
The Minister of Human Settlements or his designated representative is hereby authorized
to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151 which
shall have jurisdiction to undertake the preparation of the necessary environmental
impact statements on declared environmentally critical projects and areas. All
Environmental Impact Statements shall be submitted to the National Environmental
Protection Council for review and evaluation.
Section 4
Presidential Proclamation of Environmentally Critical Areas and Projects
The President of the Philippines may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation declare certain projects,
undertakings or areas in the country as environmentally critical. No person, partnership
or corporation shall undertake or operate any such declared environmentally critical
project or area without first securing an Environmental Compliance Certificate issued by
the President or his duly authorized representatives. For the proper management of said
critical project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities including
the re-alignment of government personnel, and their specific functions and
responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall:
a. prepare the proper land or water use pattern for said critical project(s) or
area(s);
b. establish ambient environmental quality standards;
c. develop a program of environmental enhancement or protective measures against
calamitous factors such as earthquake, floods, water erosion and others, and
d. perform such other functions as may be directed by the President from time to
time.
Section 5
Environmentally Non-Critical Projects
All other projects, undertakings and areas not declared by the President as
environmentally critical shall be considered as non-critical and shall not be required to
submit an environmental impact statement. The National Environmental Protection Council,
thru the Ministry of Human Settlements may however require non-critical projects and
undertakings to provide additional environmental safeguards as it may deem necessary.
Section 6
Secretariat
The National Environmental Protection Council is hereby authorized to constitute the
necessary secretariat which will administer the Environmental Impact Statement System and
undertake the processing and evaluation of environmental impact statements.
Section 7
Management and Financial Assistance
Ministry of Human Settlements is hereby authorized to provide management and financial
support to government offices and instrumentalities placed under its supervision pursuant
to this Decree financed from its existing appropriation or from budgetary augmentation as
the Minister of Human Settlements may deem necessary.
Section 8
Rules and Regulations
The National Environmental Protection Council shall issue the necessary rules and
regulations to implement this Decree. For this purpose, the National Pollution Control
Commission may be availed of as one of its implementing arms, consistent with the powers
and responsibilities of the National Pollution Control Commission as provided in P.D. No.
984.
Section 9
Penalty for Violation
Any person, corporation or partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the Environmental Compliance Certificate, or of
the standards, rules and regulations issued by the National Environmental Protection
Council pursuant to this Decree shall be punished by the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.000) for every violation thereof, at the discretion of the National
Environmental Protection Council.
Section 10
Environmental Revolving Fund
Proceeds from the penalties prescribed in the preceding Section 9 and other penalties
imposed by the National Pollution Control Commission as authorized in P.D. 984, shall be
automatically appropriated into an Environment Revolving Fund hereby created as an
exemption to P.D. 711 and P.D. 1234. The fund shall be used exclusively for the operation
of the National Environmental Protection Council and the National Pollution Control
Commission in the implementation of this Decree. The rules and regulations for the
utilization of this fund shall be formulated by the Ministry of Human Settlements and
submitted to the President for approval.
Section 11
Repealing Clause
The Inter-Agency Advisory Council of the National Pollution Control Commission created
under Section 4 of P.D. 984 is hereby abolished and its powers and responsibilities are
forthwith delegated and transferred to the Control of the National Environmental
Protection Council.
All other laws, decrees, executive orders, rules and regulations inconsistent herewith
are hereby repealed, amended or modified accordingly.
Section 12
Effectivity Clause
This Decree shall take effect immediately.
Approved: June 11, 1978